Author Question: Steven, our client, is seeking a divorce from his husband, Todd. Steven is concerned that Todd, who ... (Read 171 times)

bio_gurl · **on:** Aug 3, 2018

Steven, our client, is seeking a divorce from his husband, Todd. Steven is concerned that Todd, who has been in charge of the couple's finances for several years, will angrily respond to the service of the complaint by hiding or destroying the marital assets, many of which he had titled in his name. Your attorney has reviewed the situation and asked you to relate her position to Steven as a conduit, because she is in court today. What information did she cover?

What will be an ideal response?

Question 2

Deidra wants no expense spared in proving that her husband is a despicable tightwad. She insists that everyone be deposed on videotape. Deidra's attorney, in an attempt to cut costs because she cannot afford to front her demands, tries to tell her that such a form of discovery should be used sparingly. Which of these situations would not be an effective use of this method?

a. Witnesses are in ill health or infirm.
b. A witness lives in another jurisdiction but is willing to be deposed there.
c. A witness is prohibitively busy and expensive (such as an expert witness), and may not be available at trial.
d. When the opposing party is deposed

SomethingSomething · **Reply #1 on:** Aug 3, 2018

Answer to Question 1

Assuming we are about to file, we will consider asking for court intervention in a per-return date relief request. We will need prejudgment remedies pending litigation. Steven may even need a pendente lite support order. We would want to avoid any dissipation by freezing the marital assets. A request for an order attaching known assets would be a good start. Of course, Steven does not have the knowledge that Todd has, so we might need to make a motion for disclosure of assets, as well. We will prepare for an eventual deposition during discovery (we'll need a subpoena duces tecum) and prepare a notice to appear for a deposition to disclose assets to be served on Todd.

Answer to Question 2

c